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Resolution 566-1989 Monroe County Commission "" RESOLUTION NO. 566- 1989 ':J'\ c:':l A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ACCEPTING AND ADOPTING THE FINDINGS OF FACT, CONCLUSION OF LAW AND RECOMMENDED ORDER CONCERNING THE VESTED RIGHTS HEARING OF J. VITOLO CONSTRUCTION AND SOUTHLAND INSURANCE COMPANY ..... ~ - ~ C:"'J C) Whereas, on July 10, 1989 a public hearing was held in Key lL ~;"\ ~t, Mon~e County, Florida, concerning the vested right claim of J. Vitolo Construction and Southland Insurance Co.; and Whereas, pursuant to section 9.5-183 of the Monroe County Code of Ordinances, sworn testimony and evidence were taken from those present at this public hearing; and Whereas, in accordance with the requirements of section 9.5-182 (b)(3) of the Monroe County Code of Ordinances, Hearing Officer John E. Bigler, Jr., has entered findings of fact, conclusions of law, and a recommended order resolving this vested right claim by J. Vitolo Con- st,ruction and Southland Insurance Co.; and Whereas, the Board of Commissioners of Monroe County, Florida, now desires to adopt said findings of fact, conclusions of law, and recommended order concerning J. Vitolo Construction Company and South- land Insurance Company; now, therefore, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the board hereby adopts, pursuant to section 9.5-182 (b)(5) of the Monroe County Code of Ordinances the said findings of fact, conclusions of law, and recommended order entered by Hearing Officer John E. Bigler, Jr., resolving the vested right claim of J. Vitolo Construction and Southland Insurance Co., a copy of which is attached and made part of this resolution. PASSED AND ADOPTED by the Board of Commissioners of Monroe County, Florida, at a regular meeting of the board held on the 10th day of October, A.D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: /J//~~4 ( SEAL) DANNY L. K.OLJ;1AGE, g~erk Attest:- " ~ ~Lc~~~ BY In the Matter of STATE OF FLORIDA Vested Rights Application of COUNTY OF MONROE J. VITOLO CONSTRUCTION CO. and VESTED RIGHTS HEARING SOUTHLAND INSURANCE CO. / FINDINGS OF FACT AND FINAL ORDER THIS MATTER came on for public hearing on July 10, 1989, pursuant to the requirements of Sec. 9.S-182(b) (3) of the Monroe County Code. The County appeared and was present for the scheduled hearing, by and through its Assistant County Attorney, Mark Graham Hanson. No appearance was made on behalf of the applicant~. The County, through its attorney Mr. Hanson and through its Planning Official, Howard Tupper, who was also present, testified that the County had published and advertised a legal notice of the hearing, as required by law, that the County had given the applicants written and oral notice of the scheduled hearing and that the applicants, through their attorney, Edward H. Gilbert, had orally indicated to Mr. Tupper after the commencement of the hearing that the applicants would not appear for the scheduled hearing and that they wished to withdraw their application for a determination of vested rights. After waiting in the hearing room for one hour, and having no appearance made by, or communication from, the applicants, this Hearing Officer concluded the hearing. The hearing was open to the publiCi one member of the public was present. By telefax letter dated July 10, 1989, received after the hearing was concluded, counsel for applicant verified that the application was withdrawn. Having considered the effect of the applicants' failure to appear at the scheduled public hearing and having reviewed the record in this proceeding, this Hearing Officer rules that the applicant is thus considered to have abandoned its application, and this application is therefore dismissed. The County has not adopted specific rules of procedure for the conduct of hearings on vested rights 1 apPliCa~tC rl\lED' All R 2 1 1989 PLANNING DEPT. Or LAND, ~~'VISION ..... under Fla. stat. Sec. 120.54(10), the appropriate model rules of procedure promulgated by the Administration Commission of the state of Florida shall govern and serve as the rules of procedure.for the conduct of such hearings. The model rules of procedure issued by the Administration Commission are set out in Chapter 28 of the Florida Administrative Code. Rule 28-5.211(1), FAC, provides that "[t]he failure or refusal of a party to comply with any lawful order may be cause for dismissing the petition, or for entry of a defaul t order." Al though no formal order was entered directing the Petitioner to appear at the scheduled hearing, this Hearing Officer is of the opinion that failiure to appear at the hearing does constitute grounds for a default or dismissal. This is consistent with the provision in Sec. 9.5-183 of the Monroe County Code, that the applicants have the burden of proof. For the foregoing reasons, it is hereby ORDERED and ADJUDGED that the applicants, J. VITOLO CONSTRUCTION CO. and SOUTHLAND INSURANCE CO., by failing to appear at the public hearing scheduled upon their application for a determination of vested rights, have abandoned their application and that their application is dismissed. DONE and ORDERED at Key West in Monroe County, Florida, this 17th day of August 1989. J N E. BIGLER, Haring Officer copies to: Mark Graham Hanson Assistant County Attorney 310 Fleming Street Key West, FL 33040 Howard Tupper Planning Official Public Service Bldg. Stock Island, FL 33040 Lynn H. Kephart, President Keycology, Inc. 414 Simonton Street Key West, FL 33040 J. vitolo Construction Co. 2699 E. Oakland Park Blvd. Fort Lauderdale, FL 33306 Edward H. Gilbert Shapo, Freeman & Freedman, P.A. Southeast Financial Center #4310 200 South Biscayne Blvd. Miami, FL 33131 Richard M. Gonzalez, Pres. Europa Properties, Inc. 6710 Main Street, suite 237 Miami Lakes, FL 33014 2